Meeting of Victim and Offender

Mediation

In this meeting there must be mediation between the victim and offender to assist them to reach an agreement as to the amount the offender is required to pay by way of reparation.

The mediator should:

• be fair to both parties
• be respectful to both parties
• ensure both parties have the opportunity to air their views, and
• attempt to bring the parties to an agreement about reparation to be made.

A meeting between the parties may be an appropriate way to achieve this, but the victim is not obliged to meet with the offender.

Legislative reference: Section 34(4) Sentencing Act 2002.

Meeting without reparation

If reparation is not possible or applicable, but the victim still wishes to meet the offender, this should be made possible.

Requirements for arranging meetings

In arranging for the meeting, take account of any of the following factors that are relevant:

• privacy and confidentiality (a suitable interview room, or area at a church or marae must be available)
• the victim and offender should not be obliged to wait in the same area before the meeting
• disability (access to the location and other requirements must be accommodated), and
• any other needs of the victim and/or offender.

Record keeping

The following must be recorded in the report:

• arrangements made for the meeting
• when and where the meeting took place, and
• any outcomes of the meeting.

Note: Where either or both parties do not wish to meet, or if they meet and cannot agree, this must be reported to the court.